Researches On Spousal Common Obligation In China

Spousal Common Obligation is the debt that is derived from the couple’s common intention, or for the purpose of living together. In principle, both the husband and wife have the right to know, also are obliged to notify the other of, his/her own financial condition. Meanwhile, both of them have to be responsible for any one party’s debts jointly. However, with the social and economic development, China’s current system about how to deal with spousal common obligation results in a series of problems, such as over-protecting the interests of creditors, damaging the interests of ones who have no knowledge about the marital common debts, producing false litigations that one of the spouses maliciously collude with creditors to achieve the purpose of the transfer of the common property. Therefore, based on the fundamental theory about the spousal common obligation, this essay will explore the related systems in other countries like France and Italy, and then make a comprehensive analysis of both the foreign and domestic rule system about adjusting the spousal common obligation. After that, this paper will give a series of measures to improve the existing couple’s joint debt system in our country, thus forming relatively just, consistent and operable standards to identify who should be responsible for the Spousal Common Obligation.Addition to the introduction, this paper includes four parts and has more than 30,000 words in total.The first part is about an overview of the basic theory of the couple’s joint debt system. In this part, the basic characteristics, the causes and the effectiveness of the Spousal Common Obligation will be elaborated. Also, the difference between the Spousal Common Obligation and the Husbands and Wives Personal Debt will be pointed out, including the time at which the debt is produced, the purpose of the establishment of the debt, the nature of the debt, and the way to undertake the responsibility.The second part will examine the foreign and domestic legislation on the Spousal Common Obligation. Firstly, it will explore the basic provisions of foreign legislation and focus on the scope of the Spousal Common Obligation and the rules about how to settle it. Secondly, it turns to the study of the related rules of the domestic legislation, including two documented about Marriage Law which are laid down in 1950 and in 1980( revised in 2001) respectively, and corresponding Judicial Interpretation.The third part is about the analysis and evaluation of legislations in domestic and foreign countries. In terms of foreign legislation, this part will introduce the scope of the Spousal Common Obligation, the rules about how to settle it and the Daily Housework Proxy System. For the domestic legislation, Comments on the standard about how to identify the common debt and the attribution of the burden of proof will be made. After that, this part will summarize the shortage of our country’s legislation and the enlightenment that foreign legislation has on our country.The fourth part is mainly about the improvement of our country’s Spousal Common Obligation. This part will give suggestions to the structure, content, especially the identifying standards and some other aspects of our country’s legislation which is related to the Spousal Common Obligation. Besides, this part will also distinguish between the debts which are used for the couple’s common life or arising from the couple’s common intention and the debts which are borrowed in one party’s own name.